SUMMARY: This final rule provides an alternative method of compliance
with the requirement for qualified persons to make periodic methane
tests at face areas from under permanent roof support, using extendable
probes or other acceptable means. The rule applies only during roof
bolting activities in room and pillar mining operations which use
continuous mining machines. It allows methane tests to be made by
sweeping a probe inby the last roof support, provided that a number of
requirements for roof support, ventilation, and continuous methane
monitoring at the roof bolting machine are met to protect the miners.
The rule results in increased mining efficiency and provides an
equivalent level of safety to miners.

DATES: This rule becomes effective on August 6, 2003.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director,
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson
Blvd., Room 2313, Arlington, Virginia 22209-3939, Nichols.Marvin@dol.gov, (202) 693-9440 (telephone), (202) 693-9441
(facsimile).
This rule is available in alternative formats, such as a large
print version or an electronic file, and is also available at http://www.msha.gov, under ``Statutory and Regulatory Information.''

SUPPLEMENTARY INFORMATION:

A. Background

As part of a comprehensive revision of ventilation standards, MSHA
published the existing rule, Sec. 75.362, On-shift Examination, on
March 11, 1996 (61 FR 9764). Section 75.362(d)(1) requires that a
qualified person test for methane at the start of each shift at each
working place before electrically powered equipment is energized, taken
into or operated in a working place; immediately before equipment is
energized, taken into or operated in a working place; and at 20-minute
intervals, or more often if required in the approved ventilation plan
at specific location, during the operation of equipment in the working
place. Section 75.362(d)(2) requires that these methane tests be made
at the face from under permanent roof support, using extendable probes
or other acceptable means. On September 25, 2002, in response to a
joint petition from a labor and an industry group, MSHA published the
proposed rule (67 FR 60611) to allow the alternative method of testing
for methane. The comment period closed on November 25, 2002. Four
commenters responded to the proposed rule. MSHA received no hearing
requests.
On-shift examinations of working sections have long been accepted
as a standard safety practice in coal mining due to the variable nature
of mining conditions and the potential for hazards to develop quickly.
These examinations ensure that the environment is safe while miners
work during the shift by identifying existing or developing hazards,
and permitting rapid correction of hazardous conditions before miners
are endangered. Methane tests are a key part of the on-shift
examination.
Methane is an invisible, odorless, and highly flammable product of coal off-gassing which liberates from the coal at the face, roof, ribs and floor, as well as from pieces of broken coal
that have been crushed by the mining machine. A five to 15 per cent
level of methane in the air is capable of igniting, which in turn can
result in a fire or an explosion. Frictional methane ignitions in
mining can occur when sparks or hot metal fragments from the drill bits
on mining equipment or roof bolting machines contact the liberated
methane. Ventilation, as provided by an approved ventilation plan,
dilutes and removes the liberated methane.
Over the years, the coal mining industry has expanded its use of a
number of mining methods that increase production. One such method is
deep cut mining, also called extended cut mining, where a continuous
mining machine makes cuts greater than 20 feet into the coal seam.
Formerly, when most continuous mining machines were operated by an on-
board miner positioned in the cab at the rear of the machine, the cut
was limited to the distance between the cutting head and the cab, or
about 20 feet, to protect the miner in the cab from hazards associated
with unsupported roof. Today, most continuous mining machines are
manufactured to operate with remote control devices, which allow the
machines to cut well beyond 20 feet into the coal seam while the miner
stands under supported roof and in an area of reduced coal dust.
Most of the mining operations today use continuous mining machines
that make deep cuts. These longer distances to the face make monitoring
and removing methane more difficult. The devices used to test for
methane often consist of a methane detector attached to either a pole
which may be held by the miner or an extension device which the miner
slides forward to the face. In mining sections with deep cuts, the
longer probe arrangements can telescope 40 feet or more. The comments
and testimony from the 1996 rulemaking include suggestions that back
injuries could result from holding the longer probes, although some
miners testified that the arrangements are practicable without causing
injuries. MSHA is not aware of any empirical testing concerning
injuries from the use of these probe arrangements; however, we are
mindful of the importance of seeking compliance alternatives that will
ensure safe working practices.
Generally, miners begin a deep cut operation by directing the
ventilation to the face, usually by positioning tubes or curtains. A
qualified person then makes a methane test, and the continuous mining
machine is moved into the area. The continuous mining machine generally
cuts from 20 to 40 feet into the coal seam. When the coal is mined from
the cut, the continuous mining machine is backed out, and the
ventilation may be adjusted to redirect more air to the next face area.
The roof bolting machine then moves into the working place.
Virtually every roof bolting machine in operation today is equipped
with an automated temporary roof support (ATRS) system. When the ATRS
is deployed, steel hydraulic jacks position a support against the roof.
This configuration provides the protection of temporary roof support
for the miners who are positioned at the drill head control to install
the roof bolts. Once the ATRS is fully deployed, the miner begins the
installation process. Generally four or more roof bolts are installed
across the width of the cut. When the row of roof bolts is installed,
the roof bolting machine advances approximately four feet, depending on
the roof bolting plan and machine design, and the process is repeated
until the entire roof is supported up to the face.
During this entire process, a qualified person, as defined in Sec.
75.151, makes a methane test at the face before electrically powered
equipment is energized, taken into or operated in the workplace, and at
intervals not exceeding 20 minutes during the operation of this
equipment.
In 1997 MSHA tested an arrangement for making methane tests at the
face by magnetically attaching a portable methane detector to the head
of the continuous mining machine, which would be trammed forward by
remote control to the face for the test. However, similar arrangements
for making methane tests from roof bolting machines are not practicable
because roof bolting machines do not operate by remote control.
The National Institute for Occupational Safety and Health (NIOSH)
conducted a study (``Comparison of Methane Concentrations at a
Simulated Coal Mine Face During Bolting'') which examined issues
related to methane in working places during roof bolting. In 1999,
NIOSH presented the study at the 8th U.S. Mine Ventilation Symposium,
sponsored by the Society of Mining Engineers' Underground Ventilation
Committee. The testing consisted of gallery simulations using a model
roof bolting machine fitted with instrumentation to record methane
levels at various locations in the simulated working place under
different methane release conditions. A part of this study examined
MSHA's 38 accident investigation reports from 1981 to 1994 which
involved methane ignitions at roof bolting machines. The ignition
source was at the roof bolting machine in 37 of these accidents, and no
ignition source was identified in the one remaining accident. The
report shows that a combination of continuous monitoring near the drill
head together with methane tests inby the roof bolting machine would be
effective in identifying methane hazards when the primary source of
methane liberation is at the drill hole.
During the period 1994 through 2001, MSHA investigated 16 accidents
which involved methane ignitions at roof bolting machines. Twelve of
these accidents directly involved roof drilling or bolt installation.
Consistent with the ignitions studied by NIOSH, the accidents involving
roof drilling or bolt installation occurred when a hot drill bit being
pulled out of the drill hole ignited a flammable methane-air mixture,
or when the miner inadvertently drilled through metal roof straps or
encountered harder than normal rock strata in the mine roof.
In November, 1998, the United Mine Workers of America (UMWA) and
the Bituminous Coal Operators Association (BCOA) jointly recommended
that MSHA amend the current rule to allow the option of making methane
tests by sweeping a probe 16 feet inby the last area of supported roof,
provided that a number of mandatory precautions are taken, such as
providing the roof bolting machine with both an integral ATRS and a
permanently-mounted continuous methane monitor. The joint
recommendation cited the draft NIOSH study, and UMWA and BCOA further
stated that the suggested compliance option would promote greater
safety. MSHA believes that this optional method for methane testing
does not diminish safety provided in the existing rule, and is
therefore publishing this final rule, which is largely based on the
NIOSH research and the joint recommendation of labor and industry. The
rule is designed to protect the miner and to be easily integrated into
the mining cycle.

I. Discussion of the Rule

A. Paragraph 75.362(d)(2)

This final rule adds a new subparagraph after the existing Sec.
75.362(d)(2) to allow an optional method for making methane tests
during roof bolting activities in room and pillar mining operations
using continuous mining machines. Thus the phrase ``Except as provided
in subparagraph 75.362(d)(3)'' is added to the beginning of Sec. 75.362(d)(2) to clearly show that this option follows.

B. Paragraph 75.362(d)(3)

This final subparagraph allows an alternative method of compliance
with subparagraph (d)(2) during roof bolting. This section remains
unchanged from the proposed rule. The required methane tests may be
made by using a probe or other acceptable means to sweep not less than
16 feet inby the last area of permanently supported roof, provided
certain requirements are met, as outlined in subparagraphs
75.362(d)(3)(i) through (vi). MSHA believes that testing at the 16 foot
inby minimum distance provides protection equivalent to the current
requirement and does not diminish safety. The probe extends a
sufficient distance into the unsupported area to test for methane which
may be accumulating inby the roof bolting machine.
Certain difficulties exist in actually making the tests under the
current standard. The longer probe arrangements required to reach the
face of a deep cut can be unwieldy, and therefore difficult to position
accurately at the face. Methane tests at the face currently must be
made with the detector positioned at least 12 inches from the roof, rib
and face.
The NIOSH study determined that:

Compliance with the methane standard would be easier if there
were alternative sampling locations outby the face. Outby sampling
locations closer to the bolting operation could also provide better
measurements of methane when the primary liberation is the drill
hole.

The study further determined that:

The primary way to assure that methane concentrations are not
ignitable is to monitor methane levels near the drill hole.
Measurements must also be taken during bolting to determine methane
concentrations at the face.

Prior to the 1996 rulemaking on ventilation standards, methane
tests were made at the last permanent roof support, unless the approved
ventilation plan required the tests to be made closer to the working
face by using extendable probes or other acceptable means. When MSHA
published the proposed revisions in 1994, some commenters expressed
concerns about possible higher accumulations of methane in the deep
cuts, particularly at the face area, where the freshly exposed surfaces
allow more methane to liberate. These commenters wanted the methane
tests to be made as close to the working face as practicable without
endangering the miner. MSHA agreed with these comments. Additionally,
data from research done by MSHA and the former Bureau of Mines during
the prior 25 years, such as Bureau of Mines Report of Investigation
7223, ``Face Ventilation in Underground Bituminous Coal Mines,''
published in 1969, suggested higher methane concentrations near the
face area. The final rule published in 1996 required that methane tests
be made at the face area.
The existing requirement to make all methane tests at the face area
was intended to provide adequate testing in extended cuts. However, as
stated above, the ignition hazard during roof bolting is not
necessarily at the same location as during cutting, that is, the face
area. The conditions required for an ignition may be present at the
drill head when the miner drills into the roof. Methane tests made at a
minimum distance of 16 feet inby the last area of permanently supported
roof, augmented with the continuous methane monitor on the ATRS,
provide adequate assurance that hazardous levels of methane are not
present or accumulating either in the cut or around the roof bolting
machine at the time the roof bolter is drilling. The alternative
testing method does not diminish safety and provides at least
equivalent protection by supplementing methane tests inby the area
where roof bolting takes place with continuous monitoring at the roof
bolting machine where methane ignitions have occurred at the time that
drilling is occurring. This optional compliance method may only be used
if the conditions of subparagraphs Sec. 75.362(d)(3)(i) through (vi)
are met, as discussed below.
Several commenters suggested that the 20-minute methane tests
should be made either by sweeping a shorter distance, e.g., two rows of
bolts or ten feet, or by using a handheld methane detector to make the
test at the last area of supported roof. Two of these commenters
suggested that testing with the shorter probe or the hand-held methane
detector at more frequent intervals, such as before or after the roof
bolting machine advances, would ensure protection.
One commenter stated that there was no reason to select a distance
of 16 feet. MSHA believes that the combination of 16-foot minimum
sweeps to test for methane accumulating in the cut and continuous
methane monitoring at the site where drilling occurs provides the level
of protection that is equivalent to the current requirement and does
not diminish safety. As discussed above, methane liberates at higher
rates from the freshly exposed surfaces at the face area than from
outby areas. In addition, ventilation controls ordinarily do not extend
substantially beyond the roof bolting machine. Accordingly, it is
prudent to perform methane tests to ensure that bodies of methane are
not accumulating in the cut. Testing with a shorter probe or with a
hand-held detector, as suggested by these commenters, would not provide
adequate assurance that methane is not accumulating further in the cut.
Finally, the joint recommendation of labor and industry, which was
based on the NIOSH study, identified 16 feet as an appropriate testing
distance. For these reasons, MSHA has not revised the testing distance
in the final rule. However, based on the conditions at a particular
mine, an operator may, as a mine procedure, specify that testing in
addition to the requirements of this final rule would be of value.
Other commenters suggested that the probes required for a 16-foot
sweep would be unwieldy, thereby compromising the accuracy of the test.
MSHA notes that 20-foot probes have been used in the coal industry for
many years. Therefore, MSHA concludes that the probe arrangements
required to sweep 16 feet inby are manageable and do not present any
hazards to miners.
One commenter suggested that the methane tests made during roof
bolting should be made between six and twelve inches from the roof, at
the roof bolting machine, immediately before each row of roof bolts is
installed, noting that the likely ignition source would be close to the
roof. The commenter added that the potential hazard during roof bolting
is not the same as that presented during mining (and addressed by
testing at the face). MSHA believes that the inby methane hazard during
roof bolting is comparable to that found inby during the mining
process. Testing for methane at a minimum distance of 12 inches from
the roof has been an MSHA requirement for a number of years, and the
procedure has proven to be effective. Therefore, this provision remains
unchanged.
A commenter recommended expanding the rule to allow dual methane
monitors mounted on the continuous mining machine as an alternative
method to test for methane while the continuous mining machine is
operating. This recommendation has not been addressed because this
change is beyond the scope of the proposal.

C. Subparagraph 75.362(d)(3)(i)

This subparagraph of the final rule requires the roof bolting
machine to be equipped with an integral automated temporary roof
support (ATRS) system if the alternative testing method is used, and
further requires the ATRS to meet the requirements of Sec. 75.209. Section 75.209 provides technical requirements for ATRS systems, which are installed on virtually all
roof bolting machines. The ATRS provides the miner with an additional
level of protection during roof bolting operations. This final section
is unchanged from the proposed rule. No comments were received
concerning this provision.

D. Subparagraph 75.362(d)(3)(ii).

This subparagraph of the final rule requires the roof bolting
machine to have a permanently mounted methane monitor. The subparagraph
is unchanged from the proposed rule. MSHA believes that a methane
monitor on the roof bolting machine is an effective method of testing
for methane at a potential principal ignition source during roof
bolting operations, and is consistent with the NIOSH study
determinations.
The subparagraph further requires that the methane monitor complies
with the requirements of existing Sec. Sec. 75.342(a)(4), 75.342(b)
and 75.342(c). Section 75.342(a)(4) establishes maintenance and
calibration requirements, requires training for miners who perform this
maintenance and calibration, and establishes recordkeeping and records
retention requirements for the calibration tests. While this final rule
allows an alternative method for making methane tests, it also requires
the methane monitors on the roof bolting machines to be properly
maintained at all times, and thus does not allow the use of a methane
detector and probe in lieu of a poorly maintained or inoperative
methane monitor on the roof bolting machine. Section 75.342(b) requires
the methane monitor to give a warning signal when the air-methane
concentration reaches 1.0 per cent, and further requires this warning
signal to be visible to someone who is able to de-energize the machine
to which the monitor is mounted. Section 75.342(c) requires the methane
monitor to automatically de-energize the machine to which it is mounted
when the methane-air mixture reaches 2.0 per cent or when the monitor
is not operating properly. The warning signal and automatic de-
energization capability provide an additional measure of protection to
miners.
Although methane monitors can be magnetically mounted on roof
bolting machines, this subparagraph requires that they be permanently
mounted for reliable operation and to assure that the sensor remains in
an effective location. Although MSHA does not anticipate that
permanently mounting the methane monitor on the ATRS would require
recertification of the ATRS by the manufacturer, certification issues
may be avoided by using clamping brackets, steel strapping, or high-
strength adhesives to permanently mount the methane monitor to the
ATRS. MSHA anticipates that equipment manufacturers and rebuilders will
incorporate provisions into the ATRS design to accommodate the
permanently mounted monitors. Additionally, 30 CFR part 18 requires
MSHA approval before changes are made to approved equipment to ensure
that permissibility of the equipment to operate in a gassy atmosphere
has not been compromised. Section 18.81 outlines the requirements and
application procedure for MSHA approval of this field modification.

E. Subparagraph 75.362(d)(3)(iii).

This subparagraph of the final rule sets requirements for the
position of the methane monitor sensor on the ATRS. The sensor must be
mounted in a protected position near the inby end of the ATRS support;
it must be within 18 inches of the longitudinal center of the ATRS; and
it must be positioned at least 12 inches from the roof when the ATRS is
fully deployed.
MSHA's requirement to mount the sensor near the inby end of the
ATRS is based on the NIOSH study. In that study, NIOSH found the
highest statistical correlation to be between face methane
concentration and a point which would be near the downwind end of the
ATRS. The requirement to position the methane sensor near the
longitudinal center of the ATRS is intended to protect the methane
sensor from damage during the mining cycle. Finally, the requirement
for the methane sensor to rest at least 12 inches below the roof when
the ATRS is deployed reflects the standard practice of measuring
methane at least 12 inches from the roof to obtain a result
representative of the general environment being measured. MSHA believes
this distance achieves a balance between effectiveness and
practicality.
The proposed rule would have required the methane sensor to be
mounted ``on the inby end and within 18 inches of the longitudinal
center of the ATRS.'' One commenter expressed a concern that this
wording could be interpreted to mean requiring the methane sensor to be
mounted on the front of the ATRS itself, where it would be subject to
damage and would be isolated from potential methane accumulations
nearer to the drill assembly. The language from the proposed rule has
been modified to address this concern by requiring the sensor to be
mounted ``near the inby end and within 18 inches of the longitudinal
center of the ATRS support.'' The rule provides some flexibility in the
position of the sensor with the intent of placing the sensor at a
location where it will be protected from damage while providing
effective detection of methane near the most likely ignition source at
the drilling assembly.
The continuous methane monitor mounted to the roof bolting machine,
together with the probe used to sweep inby for methane, comprise a two-
element system for methane detection. MSHA believes this two-element
system is effective in detecting methane in the zone containing the
most likely ignition source.

F. Subparagraph 75.362(d)(3)(iv)

This subparagraph of the final rule specifies the frequency of
manual methane tests, and is consistent with Sec. 75.362(d)(1)(iii),
which in turn is derived from the statutory provision requiring methane
tests to be made at least every 20 minutes while electrically powered
equipment is operated (Mine Act, section 303(h)(1)). Additionally, the
subparagraph specifies the location of the qualified person making the
test.
In addition to the existing provisions contained in the final rule,
the proposed subparagraph included the statement, ``The manual methane
test must be made immediately before the roof bolting machine enters
the working place unless the last test was made within 20 minutes.''
Two commenters disagreed with this provision. One of these commenters
suggested that the wording was inconsistent with 30 CFR 75.362(d)(1).
This commenter further discussed several examples of how the wording of
the proposed rule could introduce confusion and how miners could tend
to assume that test had been made. MSHA agrees with these commenters,
and has removed this provision from the final rule. However, this test
may be made using the 16-foot minimum inby sweep, as described in the
above analysis for subparagraph 75.362(d)(3). The combination of the
16-foot minimum sweeps and the continuous methane monitor on the roof
bolting machine ensures an accurate determination of the methane levels
present during roof bolting. A further consideration is the rate of
methane liberation during roof bolting. That is, methane liberates from
the coal at a higher rate during the time that the coal is being cut.
During that time, ventilation is directed toward the face, with the
tubes, curtains, or other ventilation devices positioned behind
the continuous mining machine and moving forward as the coal is cut.
Since coal is not actively mined in the cut during roof bolting,
methane liberation decreases. For these reasons, MSHA believes this
alternative method does not diminish safety.

The proposed rule required the manual methane test to be made
either ``from under the last permanent roof support'' or from the roof
bolter's work position protected by the deployed ATRS. The final rule
changes this language to require making the test either ``from under
permanent roof support'' or from the roof bolter's work position
protected by deployed ATRS. This change allows the final rule to better
conform to MSHA's existing roof control rules and policies because most
approved roof control plans do not generally permit miners past the
second to the last row of permanent roof supports.

G. Subparagraph 75.362(d)(3)(v)

Subparagraph 75.362(d)(3)(v) of the final rule requires that, once
a methane test is made at the face, all subsequent methane tests must
be made at the face. As the roof bolting machine advances toward the
face, the probe used for the methane test will eventually reach the
face. A number of rows of roof bolts will then be installed before the
roof bolting machine reaches the face area and the cut is completely
bolted. Methane tests will be made at the face area while these final
rows of roof bolts are installed.
One commenter suggested deleting this provision as part of an
overall suggestion to test with a hand-held methane detector at the
last permanent roof support. Another commenter suggested phrasing the
rule so that testing at the face would be required when the roof
bolting machine reaches a distance from the face equal to two rows of
bolts. This distance would generally be about eight feet. As stated
above, MSHA believes that the combination of 16-foot inby sweeps to
test for methane accumulating in the cut and continuous methane
monitoring at the roof bolting machine provides a level of protection
that does not diminish safety. Testing with a hand-held methane
detector at the last working place or with a shorter probe would not
provide adequate assurance that methane is not accumulating further in
the cut. Therefore, this subparagraph remains unchanged from the
proposed rule.

H. Subparagraph 75.362(d)(3)(vi)

Subparagraph 75.362(d)(3)(vi) of the final rule allows the district
manager to require that the ventilation plan include a minimum air
quantity and the position and placement of ventilation controls to be
maintained during roof bolting operations. No comments were received on
this subparagraph. The final rule is unchanged from the proposed rule.
The NIOSH study, as well as MSHA's experience, shows that
ventilation is effective and appropriate during roof bolting operations
under certain mining conditions. Some mines liberate substantial
quantities of methane, or have a history of ignitions or noncompliance
with respirable dust standards for bolting machine operators. The
ventilation plans for such mines generally require minimum air
quantities to be maintained at the roof bolting machine. In evaluating
ventilation plans, district managers will continue to assess these and
other factors to determine the necessity for plan parameters for air
quantities and ventilation control devices.
The NIOSH study was conducted using ventilating air quantities of
4,000 cfm and 7,000 cubic feet per minute (cfm), with methane released
at various points at a rate of five cfm. The study shows that
ventilation is effective in removing methane from working areas around
roof bolting machines where significant quantities of methane are
liberated in the working place and at the face. In these conditions,
mine ventilation plans could specify minimum ventilation quantities and
the position of the ventilation control devices.
After the NIOSH study was completed, MSHA reviewed the accident
reports for all of the 41 reported methane ignitions that occurred at
roof bolting machines between 1994 and 1998. The MSHA report, ``Methane
Ignitions on Roof Bolters in Underground Coal Mines'' found that all
these ignitions occurred in mines that are considered to have the
highest methane liberation. Each of these mines liberated over 850,000
cubic feet of methane per day. Section 103(i) of the Mine Act requires
MSHA to conduct spot inspections at least every ten working days at
mines liberating over 500,000 cubic feet of methane during a 24-hour
period, and at least every five working days at mines liberating over
one million cubic feet of methane during a 24-hour period.
The MSHA report, as well as MSHA's experience, indicates that most
ignitions at roof bolting machines in mines that liberate significant
quantities of methane can be avoided by maintaining adequate
ventilation during roof bolting. The rule provides an equivalent level
of safety as the existing rule and does not diminish safety, while at
the same time allowing flexibility by permitting MSHA to set mine-
specific requirements through the ventilation plan.

II. Impact Analyses

A. Cost and Benefits: Executive Order 12866

Executive Order 12866 requires regulatory agencies to assess both
the costs and benefits of regulations. In making this assessment, MSHA
determined that although this final rule will not have an annual effect
of $100 million or more on the economy, and therefore is not a
significant regulatory action as defined by Sec. 3(f)(1) of E.O.
12866, the rule meets the Sec. 3(f)(4) definition, that is, the rule
may ``* * * raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.'' MSHA completed a Regulatory Economic Analysis
(REA) which estimates both the costs and benefits of the rule. This REA
is available from MSHA and is summarized below.
The final rule allows an alternative method of methane testing that
ensures at least an equivalent level of protection as the existing
standard and results in net cost savings of $6.9 million annually to
the industry.\1\ The alternative testing method augments periodic inby
methane tests with continuous methane monitoring at the roof bolting
machine. This two-tiered approach assures that hazardous levels of
methane are not present or accumulating either inby or at the roof
bolting machine.
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The inby methane tests are made at least every 20 minutes by
sweeping a probe or other acceptable arrangement at least 16 feet inby
the last permanent roof support. However, when the probe reaches the
face area, the remaining tests are made with the methane detector
positioned at least 12 inches from the roof, rib, and face. A probe not
longer than 20 feet will allow the qualified person to make this test
from a safe position four feet outby the last permanent roof support.
The shorter probe arrangements required for the 16-foot sweep are
easier to maneuver and cost less than those used to comply with the
existing requirements. Additionally, the sweeps can be made more
quickly than the test required under the existing rule.
The alternative testing method also requires each roof bolting
machine to have both an MSHA-approved, permanently mounted methane
monitor and an integral ATRS system. The methane monitor must meet the
maintenance and calibration requirements of Sec. 75.342(a)(4), the
warning signal requirements of Sec. 75.342(b), and the automatic de-
energization requirements of Sec. 75.342(c). Further, the rule
requires the sensor head of the methane monitor to be positioned at a
specific location on the ATRS. In addition to continuously monitoring
the atmosphere at the roof bolting site, the monitor will warn miners
when methane levels reach one per cent, and will de-energize the roof
bolting machine when methane levels reach two per cent. This continuous
monitoring provision is significant in light of the number of ignitions
involving roof drilling or bolt installation. These ignitions generally
occur when sparks, hot metal fragments, or hot drill bits ignite a
flammable methane-air mixture. They can also occur when the miner
inadvertently drills through metal roof straps or encounters harder
than normal material in the mine roof.

B. Regulatory Flexibility Certification

The Regulatory Flexibility Act (RFA) requires regulatory agencies
to consider a rule's economic impact on small entities. Under the RFA,
MSHA must use the Small Business Act definition of a ``small business
concern'' in determining a rule's economic impact unless, after
consultation with the SBA Office of Advocacy, and after opportunity for
public comment, MSHA establishes a definition which is appropriate to
the activities of the agency and publishes that definition in the
Federal Register. For the mining industry, SBA defines ``small'' as
having 500 or fewer workers. MSHA has traditionally considered small
mines to be those with fewer than 20 workers. To ensure that the rule
conforms with the RFA, MSHA analyzed the economic impact on mines with
500 or fewer workers and also on mines with fewer than 20 workers. MSHA
concluded that the rule will not have a significant economic impact on
a substantial number of small entities under either definition.

C. Unfunded Mandates Reform Act of 1995

For purposes of the Unfunded Mandates Reform Act of 1995, the rule
does not include any Federal mandate that may result in increased
expenditures of more than $100 million incurred by State, local, or
tribal governments, or by the private sector.

D. Paperwork Reduction Act of 1995 (PRA)

The information collection requirements contained in this final
rule have been approved by the Office of Management and Budget (OMB)
and were issued control numbers pursuant to the Paperwork Reduction Act
of 1995 (PRA), as codified at 44 U.S.C. 3501-3520 and implemented by
OMB in regulations at 5 CFR part 1320. The PRA defines collection of
information as ``the obtaining, causing to be obtained, soliciting, or
requiring the disclosure to third parties or the public of facts or
opinions by or for an agency regardless of form or format.'' All
paperwork burden hours and cost data used in this preamble are taken
from MSHA's Regulatory Economic Analysis (REA), dated January, 2003.
The REA can be accessed at http://www.msha.gov/regsinfo.htm.
MSHA estimates that the information collection requirements in this
rule will impose a total of 315 paperwork burden hours in the first
year, with an annualized burden of 117 hours each year thereafter. The
estimated total annualized cost associated with these paperwork burden
hours is $4,045.
Two information collection requirements are associated with Sec.
75.362(d)(3)(ii). The first involves obtaining approval for field
modifications to permissible electrical equipment, as required by Sec.
18.81, and was approved by OMB as part of Information Collection No.
1219-0066, Permissible Equipment Testing, which expires on July 31,
2005. MSHA's Approval and Certification Center must approve all
modifications to permissible equipment (including roof bolting
machines) to ensure that permissibility of the equipment to operate in
a gassy atmosphere has not been compromised. Each machine model at a
mine requires a separate application for approval.
The second information collection requirement associated with Sec.
75.362(d)(3)(ii) involves recording calibrations of methane monitors,
as required by Sec. 75.342(a)(4), and was approved by OMB as part of
Information Collection No. 1219-0088, Ventilation Plans, Tests, and
Examinations in Underground Coal Mines, which expires on March 31,
2004. Each methane monitor must be calibrated at least every 31 days,
and a record of the calibration test must be maintained for at least
one year from the date of the test.
Additionally, any information collection requirements that would be
associated with the ventilation provision of Sec. 75.362(d)(3)(vi)
would be approved as part of Information Collection No. 1219-0088. This
provision of the final rule imposes no additional paperwork burden.

This rule is not subject to Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. That is, this rule does not involve implementation of any
policy with takings implications.

F. Executive Order 13045 Protection of Children From Environmental
Health Risks

In accordance with Executive Order 13045, Protection of Children
from Environmental Health Risks, MSHA has evaluated the environmental
health and safety effects that this rule could have on children. MSHA
has determined that the rule will not have an adverse impact on
children.

G. Executive Order 12988 Civil Justice Reform

MSHA has reviewed Executive Order 12988, Civil Justice Reform, and
determined that the rule will not unduly burden the Federal court
system. The rule has been written so as to provide a clear legal
standard for affected conduct, and has been reviewed carefully to
eliminate drafting errors and ambiguities.

H. Executive Order 13175 Consultation and Coordination With Indian
Tribal Governments

MSHA certifies that this rule will not impose any substantial
direct compliance costs on Indian tribal governments.

I. Executive Order 13132 Federalism

MSHA has reviewed this rule in accordance with Executive Order
13132 regarding federalism and has determined that the rule has no
``federalism implications.'' In other words, the rule does not have any
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

J. Executive Order 13211 Energy

MSHA has reviewed this rule in accordance with Executive Order
13211 regarding the energy effects of Federal regulations, and has
determined that the rule does not have any adverse effects on energy
supply, distribution, or use.

Therefore, no reasonable alternatives to this action are necessary.
References:
1. Taylor, Charles, et al., ``Comparison of Methane Concentrations
at a Simulated Coal Mine Face During Bolting,'' U.S. Department of
Health and Human Services, Center for Disease Control, National
Institute for Occupational Safety and Health (NIOSH), 1999.
2. Urosek, John E., et al., ``Methane Ignitions on Roof Bolters in
Underground Coal Mines,'' U.S. Department of Labor, MSHA, presented at
and included in the proceedings of the 8th U.S. Mine Ventilation
Symposium, June 11-17, 1999.

Accordingly, Chapter I of Title 30 of the Code of Federal Regulations
is amended as follows:

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

1. The authority citation for Part 75 continues to read as follows:

Authority: 30 U.S.C. 811.

2. Section 75.362 is amended by adding at the beginning of paragraph
(d)(2) the phrase ``Except as provided for in paragraph (d)(3) of this
section,'' and by adding paragraph (d)(3) to read as follows:

Sec. 75.362 On-shift examination.

* * * * *
(d) * * *
(3) As an alternative method of compliance with paragraph (d)(2) of
this section during roof bolting, methane tests may be made by sweeping
an area not less than 16 feet inby the last area of permanently
supported roof, using a probe or other acceptable means. This method of
testing is conditioned on meeting the following requirements:
(i) The roof bolting machine must be equipped with an integral
automated temporary roof support (ATRS) system that meets the
requirements of 30 CFR 75.209.
(ii) The roof bolting machine must have a permanently mounted,
MSHA-approved methane monitor which meets the maintenance and
calibration requirements of 30 CFR 75.342(a)(4), the warning signal
requirements of 30 CFR 75.342(b), and the automatic de-energization
requirements of 30 CFR 75.342(c).
(iii) The methane monitor sensor must be mounted near the inby end
and within 18 inches of the longitudinal center of the ATRS support,
and positioned at least 12 inches from the roof when the ATRS is fully
deployed.
(iv) Manual methane tests must be made at intervals not exceeding
20 minutes. The test may be made either from under permanent roof
support or from the roof bolter's work position protected by the
deployed ATRS.
(v) Once a methane test is made at the face, all subsequent methane
tests in the same area of unsupported roof must also be made at the
face, from under permanent roof support, using extendable probes or
other acceptable means at intervals not exceeding 20 minutes.
(vi) The district manager may require that the ventilation plan
include the minimum air quantity and the position and placement of
ventilation controls to be maintained during roof bolting.
* * * * *